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STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Mr. James Komadina ) NOTICE OF VIOLATION M-95-007 <br />Cripple Creep & Victor Gold Co. ) <br />P.O. Box 191 ) <br />Victor, CO 80860 ) <br />TO: Mr. James Komadina and all other persons engaged in or owning or controlling the following <br />operation: Carlton Projecf/Cressoa Mine. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Lend Reclamation Board by C.R.S. 34-32-124, <br />the Board hereby makes the following fmdiags of fact: <br />Cripple Creek & Victor Gold Co. is permitted to conduct a mining operation under the terms of Permit <br />M-80-244 located in Section(s) 19, 20, 29, 30, and 31, Township 15 South, Range 69 West of the <br />6th P. M., in Teller County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on January 26, 1995 to <br />consider possible violation of the terms of Permit M-80-244 and C.R.S. 34-32-101 et sea• <br />The Division of Minerals and Geology presented evidence at the Formal Public Hearing on <br />January 26, 1995, demonstrating [hat: <br />Drain cover fill was placed on the VLDPE liner without the appropriate QA/QC monitor and <br />laborers present during a 10-20 minute period. <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact aad in accordance with C.R.S. 34-32-124(6), the Colorado Mined Land <br />Reclamation Board hereby fords Cripple Creek & Victor Gold Co. to be in violation of Permit M-80-244, <br />specifically the October 11, 1994 memo from Golder Associates Inc. to Bateman Engineering lac. regarding <br />drain cover fill placement procedure, pages 1400.1-2 and 1400.1-3 of [he "Earthworks Technical Specifications <br />and CQA Plan" for the Cresson Project, and Rule 7.3.1(4) of the Mineral Rules and Regulations of the Mined <br />Land Reclamation Board. <br />Based upon these same Findings of Facl aad Notice of Violation, and in accordance with C.R.S. <br />34-32-124(2),(6) and (7) the Colorado Mined Land Reclamation Board hereby orders Cripple Creek & Victor <br />Gold Co. to: <br />Pay [he Colorado Mined Land Reclamation Board a civil penalty in the amount of $950.00, within 30 <br />days of the signature date of [his document. This is based upon an assessment of $950.00 per day for <br />1 day of violation, from October 23, 1994 to October 23, 1994. <br />